Q: How do I file a petition to dismiss a case in Nassau County, NY Family Court?
My ex-husband just filed a petition in Nassau County NY Family Court to re-evaluate child support. Our divorce was finalized in Delaware County a year ago and the Delaware County Judge retains jurisdiction. Also, our mediated divorce agreement states that any court filings will be immediately dismissed unless we've first made documented attempts to work it out like civilized human beings. He hasn't even mentioned it this me, and the court summons came as a surprise. This summons violates our mediated agreement which was incorporated into the Judgement of Divorce.
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A:
One does not file a petition to dismiss but rather one files a motion to dismiss. This motion requires particularized legal skill that a lawyer has. The asker must retain counsel.
A crucial factor mostly out of the minds of all Americans is that no one has any rights unless the person enforces those rights. The asker here may be totally correct that a prior court reserved jurisdiction in itself. This right requires enforcement, and the Nassau family court judge can ignore this right unless a motion formally places the prior order into the court file and into evidence.
Tim Akpinar agrees with this answer
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